Kapoor & Kapoor (No 3)

[2025] FedCFamC2F 579

FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA

(DIVISION 2)

Kapoor & Kapoor (No 3) [2025] FedCFamC2F 579

File number(s):	SYC 7947 of 2022
Judgment of:	JUDGE STREET
Date of judgment:	6 May 2025
Catchwords:	FAMILY LAW - Application for recusal dismissed – refusal of stay beyond 2 pm.
Legislation:	Family Law Act 1975 (Cth)
Division:	Division 2 Family Law
Number of paragraphs:	1
Date of hearing:	6 May 2025
Place:	Sydney
Counsel for the Applicant:	Ms. K Beck
Solicitor for the Applicant:	Fox & Staniland Lawyers
Counsel for the Respondent:	Ms. M McMahon
Solicitor for the Respondent:	Marsdens Law Group
Counsel for the Independent Children's Lawyer:	Mr. T Iuliano
Solicitor for the Independent Children's Lawyer:	Gordon & Barry Lawyers Pty Ltd

ORDERS

SYC 7947 of 2022

FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA (DIVISION 2)

BETWEEN:

MS KAPOOR

Applicant

AND:

MR KAPOOR

Respondent

INDEPENDENT CHILDREN'S LAWYER

ORDER MADE BY:	JUDGE STREET
DATE OF ORDER:	6 MAY 2025

THE COURT ORDERS THAT:

1.The matter be stood down to 2:00 pm, on 6 May 2025, to permit the applicant’s representative to make an application for stay from an appellate judge, and the court refuses to grant a stay of proceedings beyond 2:00 pm today.

Note:   The form of the order is subject to the entry in the Court’s records.

Note: This copy of the Court’s Reasons for judgment may be subject to review to remedy minor typographical or grammatical errors (r 10.14(b) Federal Circuit and Family Court of Australia (Family Law) Rules 2021 (Cth)), or to record a variation to the order pursuant to r 10.13 Federal Circuit and Family Court of Australia (Family Law) Rules 2021 (Cth).

Part XIVB of the Family Law Act 1975 (Cth) makes it an offence, except in very limited circumstances, to publish an account of proceedings that identify persons, associated persons, or witnesses involved in family law proceedings.

IT IS NOTED that publication of this judgment by this Court under a pseudonym has been approved pursuant to subsection 114Q(2) of the Family Law Act 1975 (Cth).

EX TEMPORE REASONS FOR JUDGMENT

JUDGE STREET

1. The court’s orders are not one to be presumed incorrect and the court is of the view that these are proceedings in respect of which it is in the best interest of the child and in accordance with the principles under s 95 and s 69ZN of the Family Law Act 1975 (Cth) that they should proceed. It is for these reasons that this court declines to grant a stay beyond 2:00 pm today, which is sufficient time to permit an oral application to be made, for a stay, if the applicant and ICL so wishes. Otherwise, the matter should proceed.

I certify that the preceding one (1) numbered paragraph is a true copy of the Ex Tempore Reasons for Judgment of Judge Street.

Associate:       

Dated:       6 May 2025